Q&A: Navigating Forum Selection in Victorian Construction Disputes
Introduction Forum selection in Victorian construction disputes has become increasingly complex, with recent appellate decisions reshaping traditional pathways and creating real strategic risk for practitioners. In this Q&A, Harriet Warlow-Shill, founder of Warlows Legal, shares practical insights drawn from her experience advising clients on construction disputes and determining the most appropriate forum. She addresses key […]
Insolvent Trading: The Hidden Risk Every Company Director Should Understand
For many businesses, financial distress doesn’t arrive dramatically. It creeps in quietly – a late tax bill here, a supplier asking for cash on delivery there, that uneasy feeling that cash flow keeps slipping out of reach. It’s in these moments, often before a company formally collapses, that the law steps in with one of the […]
Equality Australia and the Boundaries of Public Benevolent Institutions
Equality Australia Ltd and Commissioner of the ACNC [2023] AATA 2161 (30 June 2023) Equality Australia Ltd v Commissioner of the ACNC [2024] FCAFC 115 (5 September 2024) Equality Australia Ltd v Commissioner of the ACNC [2024] FCAFC 115 (5 September 2024) (Equality Australia v ACNC) looks at a key but often overlooked decision in Australian charity […]
My Neighbour Has Commenced Fencing Works Without my Consent – What Do I Do?
Nothing is more frustrating than glancing out your window and realising your neighbour has begun fencing works on the boundary line, without ever speaking to you about it. Whilst this can feel confrontational, Victorian law provides clear rules about what neighbours can and cannot do when it comes to fencing. Under the Fences Act 1968 […]
Repudiation & Denial of Access in TCM Building Group Pty Ltd v Grossi
In the world of domestic building disputes, it’s often the seemingly small decisions, such as refusing access for rectification, ignoring a progress certificate, or overlooking a notice requirement, that end up steering the entire outcome. The recent VCAT decision in TCM Building Group Pty Ltd v Grossi [2025] VCAT 941 (24 October 2025) is a […]
Res Judicata and Estoppel in Australian Immigration Law
In immigration litigation, one question quietly shapes countless cases: When is a matter truly over? Australia’s migration system is complex and multilayered, with decisions on visa refusals, cancellations, and protection applications often subject to merits review before the Administrative Review Tribunal (ART) and, in some instances, further scrutiny by the courts. This structure creates multiple avenues […]
Australia’s New Combatting Antisemitism and Hate Laws Explained
An important yet controversial pieces of legislation to recently have crossed Australia’s landscape is the Combatting Antisemitism, Hate and Extremism Act 2026 (the Act). While lauded by many as a critical instrument to combat the increasingly pervasive antisemitism and religious vilification seen in our society, many commentaries have also erupted against it, arguing that it is […]
ACNC Review Offers Roadmap For Complex Charity Structures
Complex organisational structures are becoming increasingly common in Australia’s charity sector, and the ACNC has now provided its clearest insight yet into how charities are managing them. The regulator’s latest review from 20 October 2025 looked closely at charities operating through groups of multiple entities and found that, despite the challenges, many are navigating this […]
Expert Evidence in Building Disputes and Why You Need It
Introduction When something goes wrong with building or renovation works, most homeowners assume the problem will be simple to prove: the work is defective, so the builder must fix it. But construction disputes are rarely that straightforward. Whether the issue involves water ingress, structural cracking, incomplete works, poor workmanship, or cost blowouts, you will almost always need an […]
What Is A Calderbank Offer?
Introduction Litigation is expensive, stressful and unpredictable, which is why smart parties look for opportunities to settle early. One of the most powerful tools to encourage settlement (and protect yourself on costs if things head south) is a Calderbank offer. Named after the English case Calderbank v Calderbank [1975] 3 All ER 333 (Calderbank v Calderbank), […]